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ZACCARDI v. BECKER

88 N.J. 245 (1982)

440 A.2d 1329

ANTHONY ZACCARDI AND EUGENIA J. ZACCARDI, HIS WIFE, PLAINTIFFS-APPELLANTS, v. GEORGE L. BECKER, M.D., AND JEROME BELLET, M.D., DEFENDANTS-RESPONDENTS, AND ST. JOSEPH'S HOSPITAL, DEFENDANT.

The Supreme Court of New Jersey.

Decided January 27, 1982.

Attorney(s) appearing for the Case

Thomas J. Osborne, Jr., argued the cause for appellants (Vaccaro, Osborne & Curran, attorneys).

Richard E. Brennan argued the cause for respondents (Shanley & Fisher, attorneys; Richard E. Brennan and John D. Clemen, on the briefs).

The opinion of the Court was delivered by PASHMAN, J.

This case presents two separate questions. First, when does a plaintiff's failure to answer interrogatories result in the dismissal of his case with prejudice? Second, if such a dismissal is without prejudice, when is a second complaint barred by the statute of limitations? Under the special circumstances presented here, we hold that the prior complaint was not dismissed with prejudice and that defendants are not...

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